The Mackay Regional Council has posted on Facebook that it "would like to clarify a few things surrounding the particular case involving a Dangerous Dog declaration".

The post reads:

"The dog owner has now formally lodged a request for a review of council's decision, which council is processing.

"We appreciate this is an emotive issue for all concerned and many have strong feelings about this, but it is important that all the facts are known and thoroughly investigated, which has been done since the incident occurred and will continue to be done, regarding this case.

"Officers have provided regular correspondence with the individual since the incident occurred.

Two-year-old Winston is a staffy cross kelpie and was seized by council in March for being 'dangerous'.Contributed

"Our investigation of how things happened, which included statements from witnesses and the person who was bitten, differ greatly from the dog owner's view of the situation.

"It is important to clarify that there is absolutely no indication from the statements taken by council that the person bitten was anything other than an innocent member of the public jogging on the footpath outside Winston's home.

"There is no evidence from the statements taken by council that the person bitten was a criminal intruder.

"Our officers have clearly explained to the dog owner how we have a responsibility to administer relevant legislation, in this case the Animal Management (Cats and Dogs Act) 2008.

"The individual has continually been advised that the dog is to be declared a dangerous dog and, if they followed due process, the dog could be returned to them. We have even extended the period of time for the individual to adhere to the request.

"Seizing a dog is the last resort and not something we as an organisation do lightly. But it is important that council promotes responsible pet ownership and protects the community from aggressive animals. Kind regards, MRC".